Consular Red Flags in L Visa Cases
Red Flags in L Visa Applications Consuls know that the L visa is for two kinds of individuals – 1) for specialized skilled knowledge professionals, and 2) executive-level managers and supervisors. They are also aware that far more people are applying for L visas now than ever before. A direct consequence of this striking increase in […]
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2 November 2018
Consular Red Flags in E Visa Adjudications
Red Flags for Consuls in E Visa Cases 1) Overly complicated company structures Consular officers take pride in their ability to process complex E visa cases, and many of them have a pretty sophisticated understanding of complicated business structures, but they also have limited time to analyze them. If an E visa application describes a […]
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26 October 2018
E Visas and Dual Intent
Unlike Ls and Hs, there is no specific statutory recognition of dual intent for E visa holders. Compare INA§214(h) with INA 101(a)(15)(e), n.b. 8 CFR§214.2(h)(16) and 8 CFR§214.2(l)(16). Still, there is longstanding recognition that E visas are different from other visa categories. As with A and G visas, adjustment of status from an E visa requires filing an I-508 waiver […]
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19 October 2018
EB-5 Visa Waiting Lines
On April 23, 2018, Mr. Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, spoke at an EB-5 industry conference regarding visa waiting lines for EB-5 investors.iiHe indicated that EB-5 visa applicants chargeable to mainland China and Vietnam now face visa backlogs for the foreseeable future, and that EB-5 […]
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10 August 2018
Requirements for EB-5 Investor Visa
EB-5 visa is an immigrant visa given to eligible foreign investors. U.S. law allows for conditional residency for persons who, after Nov. 29, 1990, invest $1,000,000 (or under certain circumstances $500,000) in a new commercial enterprise that employs 10 full-time U.S. citizens or authorized immigrant workers and engage in the business through day-to-day management or […]
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24 April 2018
USCIS to Begin Accepting Applications Under the International Entrepreneur Rule
USCIS announced that it will begin to implement the previously delayed International Entrepreneur Rule (IER), in accordance with the 12/1/17 district court decision in National Venture Capital Association v. Duke. However, DHS is also proceeding with issuing a notice of proposed rulemaking seeking (NPRM) to remove the IER, and is in the final stages of drafting […]
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22 December 2017
USCIS to Begin Accepting Applications Under the International Entrepreneur Rule
On December 14th, 2017 The US Citizenship and Immigration Services (USCIS) announced that it will take steps to implement the International Entrepreneur Rule (IER) in compliance with a December 1 ruling from the US District Court for the District of Columbia. The IER is an important opportunity for foreign nationals as well as for the […]
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22 December 2017
Temporary Work Visas – E-2 Treaty Investor Visa
You may be in the United States on a B-1 (business visitor) visa or are considering applying for admission as a B-1 (business) visitor because you would like to start a new business or to explore establishing one in the United States. You may be thinking of visiting the United States to find office space, […]
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4 May 2016
US Investor Immigration Process
Among the many op-ons to immigrate to the U.S., investing might be the most feasible or the only op-on for some foreigners. But not all investment op-ons are created equal. We will seek to provide answers to the basic questions, who, what, where, when, why, how. Who qualifies for E-2, L1, EB1, or EB5 investment […]
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11 April 2016
Investor Visa Options
“To invest or not to invest,” that is the question. While I cannot tell you whether to invest or not, I can guide you through the labyrinth of U.S. investment visa options. Investor Option #1: E-2 Treaty Investor Visa To qualify for E-2 Treaty Investor Visa, you must be a national of a country with […]
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29 March 2016